Under current law, Rhode island's law enforcement agencies can confiscate the property of any person suspected of having committed certain offenses, whether or not that person is ever convicted or even charged with a crime. Getting that property back is exceedingly difficult, even if the person under suspicion is not the property owner.
The ACLU strongly supported legislation sponsored by Rep. Moira Walsh (H 7590), Rep. Heider Cunha (H 7640), and Sen. Harold Metts (S 2681) to address the problems with the entire concept of civil forfeiture and this blatant unfairness. These bills would have ensured judicial oversight, and that law enforcement could not confiscate a person's belongings even when they know they cannot make a criminal case against them. Unfortunately, none of these bills moved out of committee.
